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2021 (9) TMI 1025 - AT - Income TaxTP Adjustment - determination of Arm's Length Price (ALP) in respect of an international transaction of rendering Information Technology enabled Services (ITeS) by the assessee to its Associated Enterprise (AE) - US AE transactions and non-US AE transactions - Appellant prays for the application of the mark-up agreed in the Mutual Agreement Procedure with respect to the international transaction of provision of Information Technology enabled Services ('ITeS') to the Associated Enterprises ('AEs') based in the United States of America ('US') to the international transaction of provision of ITeS to the AEs based outside the US, which amounts to less than 6% of the total revenue - HELD THAT:- In GLOBAL E-BUSINESS OPERATIONS P. LTD. VERSUS DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -11 (3) , BENGALURU [2017 (1) TMI 1618 - ITAT BANGALORE] remanded the issue to the TPO for considering afresh. The Tribunal reasoned that the percentage of transaction with the AE for which MAP proceedings were concluded and the transactions with the other AEs were not available and only if the percentage is less, the plea of the Assessee could be accepted. In the light of the findings available with regard to percentage of US AE transactions and non-US AE transactions, it may not be necessary to remand the issue for fresh consideration as held in the case of Amazon Development Centre India Pvt. Ltd., [2018 (5) TMI 343 - ITAT BANGALORE] - The parties did not make any distinction between US AE transactions and non-US AE transactions. In such circumstances, we are of the view that the margins accepted in the MAP proceedings with the US AE will offer a valuable guide and can be adopted as the margin to non-US AE transactions also. We hold and direct accordingly. In view of the conclusions of the preliminary issue on the additional ground, we are of the view that the grounds raised by the assessee in this appeal may not require any consideration.
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